Terms and Conditions

Caleb and Brown Terms and Conditions

These terms and conditions of use (Terms) form a binding legal agreement between the customer (you, your)and Caleb and Brown ABN 66 619 023 559 ACN 619 023 559 (Caleb and Brown, we, us, our).

The use of this website is subject to the following terms of use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

Disclaimer

The information contained in this website has been prepared for general information only and does not contain and is not to be taken as containing any securities advice or securities recommendation. It is not intended that the Information be relied on by recipients for the purpose of making investment decisions. It is made available in good faith by Caleb and Brown and its related bodies and has been derived from sources believed to be reliable and accurate. Caleb and Brown does not give any warranty as to the accuracy, reliability, or completeness of theInformation and accepts no responsibility for updating or correcting any part of the Information.

Caleb and Brown and its associates do not accept any liability (whether arising in contract, or tort, or negligence or otherwise)for any error, omission or misrepresentation in relation to the Information or for any loss, damage, cost or expense (whether direct, indirect, consequential or otherwise) incurred by any person whatsoever arising out of or referable to the Information on this website or accessed through this website.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. 

Privacy

Caleb and Brown is the sole owner of all information collected on this website. You acknowledge and consent that any information provided to Caleb and Brown in connection with the use of this website may be used by Caleb and Brown for its own purposes, including but not limited to marketing purposes, planning, product development and research purposes. Caleb and Brown may release thisInformation to third parties if required under any applicable law.

Links

This website contains links to other websites. Caleb and Brown does not accept any liability for the availability of, or any content or material contained in or obtained through such websites or for the privacy practices of such websites.

Dispute

Your use of this website and any dispute arising out of such use of the website is subject to the laws of Victoria, Australia.

Pricing

All prices, if quoted, are inclusive of GST unless otherwise mentioned.

1. Our Service

  • We provide buyer’s agency services (Services)for cryptocurrency purchasers, to allow you to quickly and easily buy, sell, and trade cryptocurrency at a fair market rate, through our website, calebandbrown.com (Website).
  • By sending us a trade request on the Website, you agree to be bound by these Terms, which govern all aspects of our trade with you (Trade).
  • We reserve the right to refuse any order for any reason at any stage of the ordering process, in our absolute discretion, and you hereby agree to release and indemnify us in the exercise of that discretion. If you have already transferred your funds and we refuse the order, we will refund the payment in full.
  • Because we source cryptocurrency for you as your agent, and do not sell you our own cryptocurrency, we are not required to charge you GST on the value of the cryptocurrency. We only charge you GST on our Commission.

2.PurchasingDigital Assets

o   a) Opening Your Order

o   To proceed with your transaction, pleaseadvise us of the following.

o   Your intended purchase amount and whichdigital assets you would like that invested into. (e.g. USD $1,000 intoBitcoin)

o   The wallet address/s to which you intend toreceive your digital assets. You must carefully check and confirm the digitalasset public address which you provide to us. We will send the digital asset tothis digital asset public address.

o   By sending us a trade request, you arerequesting to use our Services.

o   b) You provide a receipt that you have sent usthe funds, usually as a photo of the transaction

o   Send an ELECTRONIC FUND TRANSFER of yourspecified purchase amount into the to the bank account directed by your broker(please note we can not accept cash deposits)

o   Send a picture of the transfer confirmation withyour ID next to it.

o   c) Price locked in and trade executed

o   Once receiving evidence of your transaction,we will lock in the rate as soon as possible.

o   We will then send you an invoice detailingyour order.

o   d) Funds clear on our end (typically within 1– 3 business days depending on bank transfer times)

o   We monitor our bank accounts for clientdeposits.

o   Depending on your bank account and itslocation, this step can take a number of business days.

o   e) Coins are released to your nominated wallet

o   When the funds clear in our bank account, wewill release your crypto to your designated wallet.

o   We reserve the right to reject your order ifyou

o   do not follow the above procedure exactly.

o   use a TOR/VPN service;

o   attempt to procure any other person to pay foryour order;

o   If we reject your order, we will refund anypayment you have made as soon as possible, but there may be delays due to bankprocessing and clearance times.

 

3.SellingDigital Assets

o   Opening Your Order

o   To proceed with your transaction, pleaseadvise us of the

o   digital assets you would like to liquidate.(e.g. 3 BTC)

o   We will provide the relevant deposit addressesfor your digital assets.

o   By sending us an order request, you arerequesting to use our Services.

o   Sending Your Crypto and Banking Details

o   When sending your cryptocurrency, we recommendthe following:

o   Double-check that the address we have providedis the correct address you send your coins to, as we cannot reverse this typeof transaction.

o   Perform a trial transaction with a smallamount of your proposed order.

o   Copy and paste the provided wallet address,and compare the first and final three characters of each address.

o   Provide your recipient bank account details.You must be the owner of the provided bank account.

o   Trade Executed

o   Once receiving your crypto, we will lock inthe rate as soon as possible.

o   We will then send you an invoice detailingyour order.

o   Funds Deposited

o   Depending on your bank account and itslocation, this step can take a number of business days.

o   We reserve the right to reject your order ifyou:

o   do not follow the above procedure exactly;

o   use a TOR/VPN service;

o   attempt to procure any other person to pay foryour order;

o   If we reject your order, we will refund anypayment you have made as soon as possible, but there may be delays due to bankprocessing and clearance times.

4.PaymentMethods

o   When making a deposit to our bank account, youmust:

o   Provide an image of your ID document showingyour name and photo (Passport or divers licence) with your face in the sameimage.

o   Provide an image of your ID document with yourcomputer screen at the execution of the trade, showing in clear view theprocessing of the electronic fund transfer.

o   Based on the size of your order, we mayrequire further KYC documentation from you, which may come in the from of adocument which is to be completed by you as an individual or the company whichyou are acting on behalf of.

o   Other payment methods can be accepted,requirements for these transactions will be worked out with the customer ona bespoke basis reflective of all KYC requirements in Australia.

5.OurFees

o   We charge you a fee (Commission) which is apercentage of the denominated value (e.g. AUD, USD) of your Order, which isdeducted from your deposit.

o   We reserve the right to change the rate of theCommission, the rate of the commission will be delivered within the signedagreement representing the trade.

o   We make no representation or warranty as towhether or not the Digital Asset that you have acquired is a creditableacquisition for Goods and Services Tax.

o   We are not required to confirm the identity ofthe seller of the Digital Asset.

6.RisksOf Acquiring, Holding, And Using Digital Assets

o   You acknowledge and accept that:

o   cryptocurrency is not recognised legal tenderin Australia and other countries and that digital currency is not regulated byany central institution and maybe subject to extreme price volatility;

o   you understand the risks involved with digitalcurrencies;

o   you are responsible to protect your digitalcurrency, wallet, computer, software bank account, address and personal dataagainst any theft, fraud or illegal activity;

o   all concluded transactions are irreversible;

o   you have had the opportunity to obtainindependent legal and financial advice about the risks associated with buyingdigital assets; and

o   trading currency involves risk, especiallythrough price fluctuation.

7.NoGuarantee

o   We are not obliged to notify you of anymalfunction in our Services, or if any Service feature is limited, restrictedor ceases.

o   Although we take reasonable steps to protectthe integrity and reliability of our Services, we do not warrant and do notgive you any guarantee or representation that:

o   our Services or any information or othermaterial accessible through our Services will be uninterrupted, timely,reliable, secure, error-free or is free of any virus, worm, trojan horse orother harmful component;

o   there will be any operational stability,availability or continuation of our Services;

o   your use of our Services will not infringe therights of any third party; or

o   there will be any continuation of theagreement formed under these Terms.

o   We warn you that our Services may bediscontinued at our sole and absolute discretion and that our Services may beinoperable at times due to:

o   down time and scheduled maintenance;

o   outages to any public Internet backbones,networks or servers;

o   equipment failure including the failure ofthird party systems such as international or local access systems; or

o   a force majeure Event.

 

8.Identification,Personal Information and Anti-Money Laundering

o   We reserve the right to require you to confirmyour identity before fulfilling your Order.

o   We will only collect and use your personalinformation in order to confirm your identity, and we will not use yourpersonal information for any other purpose.

o   We will never disclose your personalinformation to any third parties (apart from our employees, officers andrelated entities) unless required to do so by law.

9.LimitedLiability

o   We are not liable to any extent for any lossyou suffer:

o   as a result of you directing us to transferDigital Asset to an incorrect Digital Asset public address; or

o   as a result of you failing to deposit, or abank failing to process, payment for your Order within the specified timeframe,or you providing incorrect account details in instructing your bank to make adeposit, or making a deposit by electronic funds transfer;  or

o   as a result of the Service being unavailableat any time.

o   To the maximum extent permitted by applicablelaw, we disclaim all warranties, either express or implied, including but notlimited to:

o   uninterrupted or continuous availability ofour Services; and

o   implied warranties of merchantability, fitnessfor a particular purpose with respect to our Services under these Terms.

o   Certain laws may not allow the exclusion ofsome conditions and warranties in which case some of the above exclusions maynot apply to you.

o   Under no circumstances (including but notlimited to any act or omission on our part) will we be liable for any indirect,incidental or, special and/or consequential damage or loss of profits, goodwillor reputation including, without limitation, damages arising out of an actionunder contract, negligence or any other theory or for any loss or consequentialloss including any business profits, business information, business reputation,business opportunity, goodwill or any business interruption or other pecuniaryloss or any incidental damages, punitive damages or exemplary damageswhatsoever that result from your use of the Services or your inability to useor access the Services (Damages).

o   Subject to paragraph 10 below, we, to the fullextent permitted by law:

o   exclude all warranties, conditions, terms,representations and undertakings, other than an undertaking set out in theseTerms (whether express or implied), including without limitation with respectto advertising or other services;

o   limit our obligation to provide any services,to the obligation to supply our Services again, or to pay the cost of havingour Services supplied again;

o   limit our aggregate liability to AUD $50:

o   in relation to any claim; or

o   for any damages whatsoever.

o   The limitations set out in this clause applyregardless of whether the liability or damage is directly or indirectly relatedto a breach of these Terms or negligence or any other tort or for any othercommon law or statutory cause of action arising in relation to these Terms orthe Services.

o   The stated liability limits are an essentialbasis of the bargain between the parties and our agreement to allow you to usethe Services.

o   We have no liability for any force majeureEvent.

o   We may plead these Terms in bar to any claim,action, proceeding or suit brought by you against us or our related parties inrelation to any of our Services or otherwise in respect of these Terms or youruse of our Services. This does not affect any rights you may lawfully haveagainst us for the our acts or omissions.

10.             Representations

o   If you agree to these Terms you represent tous that you:

o   are 18 years old or older; and

o   are capable of entering into a legally bindingagreement.

o   You also represent and warrant that:

o   all information you have provided to us iscorrect and current;

o   you have the power and authority necessary toenter into the agreement formed under these Terms and to perform the actsrequired under these Terms;

o   you have complied and will continue to complywith all applicable laws, statutes, ordinances, and regulations (includingwithout limitation anti-spam laws and any relevant data protection or privacylaws);

o   you have full legal title and ownership of themoney you use to pay for your Order, and it is not obtained by fraud or theft;

o   you will not use the Website for any illegalor improper purpose, including money laundering, tax evasion or the financingof terrorist activities;

o   you are not using an anonymous network such asTOR to access

o   you will not and have not breached any dutytoward or rights of any person or entity including, without limitation, rightsof intellectual property, publicity or privacy, or rights or duties underconsumer protection, product liability, tort, or contract theories.

11.             LocalLaws

o   These Terms will not be excluded to the extentthat such exclusion is prohibited by the laws of the jurisdiction where youreside and where those laws confer rights and remedies and imply terms into theseTerms that cannot be excluded.

o   If a jurisdiction does not allow an exclusionor limitation of liability, but allows a limitation to a certain maximumextent, then our liability is limited to that extent.

o   If any provision in these Terms is invalid underany law the provision will be limited, narrowed, construed or altered asnecessary to render it valid but only to the extent necessary to achievevalidity.

o   If necessary the invalid provision will bedeleted from these Terms and the remaining provisions will remain in full forceand effect.

12.             Validity

o   If any provision of these Terms is deemedunlawful, void, or for any reason unenforceable, that provision will be deemedseverable from these Terms and will not affect the validity and enforceabilityof any remaining provisions.

13.             NoWaiver

o   A failure by us to act with respect to abreach by you or any third party does not waive our right to act with respectto subsequent or similar breaches.

14.             Assignment

o   We have the right to assign these Terms inwhole or in part to any person or business entity.

o   You may not assign your rights or delegateyour obligations under these Terms without our prior written consent.

15.             Entireagreement

o   This Agreement and all documents referenced inthis Agreement comprise the entire agreement between you and us in relation toyour use of the Services and supersede all prior agreements between theparties.

16.             GoverningLaw

o   The laws of Victoria govern any agreementformed under these Terms and the parties irrevocably submit to the jurisdictionof the courts of that State.

Transactional Disclaimer

By placing an order through Caleb andBrown, you agree to be bound by the following terms which govern allaspects of our provision of services. We reserve the right to refuse any orderfor any reason at any stage of the ordering process to our absolute discretion,and you hereby agree to release and indemnify us in the exercise of thatdiscretion. If you have already transferred your funds and we refuse the order,we will refund the payment in full.

 

It is your duty tocarefully check and confirm any address which you provide to us and to clearlyidentify which wallet address belongs to which specified asset. We are notliable to any extent for any loss you suffer as a result of you directing us totransfer any assets to an incorrect address.

 

Any links or recommendations to third-partyservices or websites mentioned through our website, email, or your personalbroker, are not within our control, and we cannot and will not takeresponsibility for the information or content contained within them or servicesprovided by them. Links or recommendations to such third party sites are not tobe taken as an endorsement by Caleb and Brown, nor that such sitesare free from computer viruses or other potentially malicious intent.

 

We cannot and do not take responsibility forthe collection or use of personal data by any third party site. Lastly, allinformation provided by Caleb and Brown in all formats isintended to be used and must be used for informational purposes only. It iscrucial that the individual perform their own analysis before making anyinvestment based on their own personal circumstances. Caleb and Brown isnot an investment adviser, nor do we have access to non-public informationabout publicly listed asset classes.